Pre-incorporation contracts explained
Many have found themselves unemployed as a result of the spread and effects of the COVID-19 virus. While some have chosen to search for alternate employment, others have chosen to see their circumstances as an opportune time to take the leap of starting their own business.…
Topics: Commercial & Corporate Law | Contract Law
Popia compliance – Cyber-attacks, ransomware and data breaches
Cyber-attacks, ransomware and data breaches are becoming increasingly more frequent and a threat to the day-to-day operations of a business. The recent data leak by Experian has highlighted the need for robust cyber security systems, particularly when sensitive…
Local legal financier raises R80 million for commercial litigants during the pandemic
A South African legal financing firm, Taurus Capital, has announced the availability of an R80 million litigation fund. The fund was raised to provide litigants with an alternative means to finance their litigation.
Simply put, litigation funding is an investment…
October’s free LexisNexis Case Law Index is available – Sign up here
The October index of the free, online LexisNexis Case Law repository is now available and once again highlights some of the interesting precedent setting cases considered by South Africa’s courts recently.
Among the more high-profile judgments is that of Malawian…
There is no such thing as a standard lease!
Although most landlords will simply provide you their standard lease agreement, it may not be fit for your business purpose and contrary to your intention for concluding the lease. For example, if you are intending on renting a space for retail purposes, you must …
Topics: Contract Law | Property Law
Do you feel unsafe when being pulled over by the police?
What to know if you are pulled over by the police
The South African Police Service (SAPS) or Metro Police have the right to pull over a car on the road and to search it. However, if you feel endangered, you are within your rights to ask the police officer to accompany you …
Sabinet Judgments: A well-rounded view of reported and unreported judgments
A well-rounded view of reported and unreported judgments – supplemented by an advanced system to enable users to timeously and cost effectively find the information they require.
Sabinet, one of the most respected thinkers at the intersection of law and …
Topics: Dispute Resolution | Running Your Practice
JUTA reinvents itself and inspires possibilities in a digital world
South Africa’s preeminent education, academic and legal information publishing house, Juta, is reinventing itself as the go-to provider of legal technology platforms, tools for lifelong learning and solutions to grow businesses under the banner of, “Inspiring…
Topics: Running Your Practice
Breaking down sick leave – Rights, obligations and limitations
Introduction
Many employers and employees appear to not know their rights or obligations pertaining to sick leave and the limitations in respect of taking sick leave. Section 22 of the The Basic Conditions of Employment Act, No 75 of 1997 (“the BCEA”) sets out the …
Topics: Labour Law
Dommisse Attorneys Inc. Financial sector regulatory sandboxes: Let’s go to the beach
Under the more relaxed lockdown restrictions, and with a change of season in the air, lots of South Africans may be heading to the country’s beautiful coastlines en masse to enjoy the first hints of summer and feel the cool sea breeze against their face and hot…
The role of contract law in digitisation – Are smart contracts regulated in South Africa?
The growth of a global village, business enterprise and the need for instant gratification have allowed for the current generation of business makers to witness the evolution of agreements from letters of offer, to contracts, to online shopping and online banking.…
Topics: Contract Law
“Add to cart”: Doing business in a Covid-19 world part 3 – Strategies to protect your online brand
As Albert Einstein said, “We can’t solve problems by using the same kind of thinking we used when we created them.” E-commerce has forever changed the way we shop for consumer goods and services. It has never been more vital to implement a holistic strategy to…
Boost legal research skills with self-paced online course
The ability to conduct legal research is essential for legal professionals, regardless of area or type of practice. However, the most basic step of identifying the leading case governing the issues in question is complicated by the various online research offerings.…
Topics: Running Your Practice
Be flexible, man! – Incorporate legal tech into your practice
When one thinks about flexibility, images of fitness studios are immediately brought to mind – stretch classes, Yoga and Pilates studios with their respective instructors burning incense and playing atmospheric meditative music. The downward facing …
Topics: Running Your Practice
Cliffe Dekker Hofmeyr Under the influence – No proof, no dismissal
Following the Constitutional Court judgment where the use of cannabis was decriminalised, employers have faced difficulty in policing and enforcing policies regulating the use of cannabis by employees reporting for duty. An example of this was demonstrated …
Topics: Dispute Resolution | Labour Law
Expropriation Bill referred to the National House of Traditional Leaders
The Expropriation Bill has been referred to the National House of Traditional Leaders (NHTL) for consideration.
The bill was tabled in parliament in October 2020.
The bill, designed to provide for the expropriation of property for a public purpose or in the public…
Employee incentive schemes: Retaining and incentivising key employees during uncertain times
Introduction and Overview
Now more than ever, companies are looking to incentivise and align key employees to a common long-term growth objective. Employee incentive schemes allow key management and staff the ability to participate, on a medium to long-term basis,…
A reflection on conflict of interest and misappropriation of corporate opportunity under modern company law in South Africa
Introduction
According to South African company law, a director has a fiduciary duty to act in good faith and the best interests of the company. Several other duties flow from this duty, such as the duty to avoid a conflict of interests. The duty of a director not to appropriate…
Topics: Commercial & Corporate Law | Dispute Resolution
Supreme excellence in patent litigation
Sun Tzu, in his renowned work “Art of War” said, that “[t]o fight and conquer in all your battles is not supreme excellence; supreme excellence consists in breaking down the enemy’s resistance without fighting.”
Pyrrhus of Epirus, a Greek king who was undone by his…
Topics: Dispute Resolution | Intellectual Property Law
The ins and outs of condonation applications for late referrals of labour disputes
Introduction
It’s no secret that regrettably thousands, if not more employees have lost their jobs during the nationwide lockdown as a result of COVID-19 in 2020, either by being retrenched or dismissed, often unfairly and without proper procedure. Many of these…
Topics: Dispute Resolution | Labour Law
